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2009 Supreme(SC) 289

S.B.SINHA, CYRIAC JOSEPH
Azhar Sultana – Appellant
Versus
B. Rajamani – Respondent


Advocates appeared:
For the Appellant :Uday U. Lalit, Sr. Adv., S. Udaya Kumar Sagar, Ms. Bina Madhavan, Vaibhav Mishra and H. Venugopal (for M/s. Lawyer’s Knit & Co.), Advocates.
For the Respondents:Ranjit Kumar, Sr. Adv., S. Madhusudhan Babu, V. Venkata Ramana, P. Prabhakar and P. Venkata Ramana (for Mukesh K. Giri), Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Subsequent purchasers who were arrayed at a later stage in a suit for Specific Performance of Contract are before us aggrieved by and dissatisfied with a judgment and order dated 21.12.2004 passed by a learned Single Judge of the High Court of Andhra Pradesh at Hyderabad allowing the appeal from a judgment and order dated 21.7.1993 passed by the First Additional Judge, City Civil Court, Hyderabad in OS No.1436 of 1981 dismissing the suit of the plaintiff—appellant herein.

3. The factual matrix involved herein is as under :

The property in question admittedly belonged to one Ramesh Chand Khanna, the original defendant. An agreement of sale was entered into by and between the appellant and the said Ramesh Chand Khanna in terms whereof the suit land was agreed to be sold at the rate of Rs.325/- per sq. yd. A sum of Rs.30,000/- was paid by way of advance.

4. It now stands admitted that on or about 7.12.1981, an application was filed in terms of Section 27 of the Urban Land Ceiling and (Regulation) Act, 1970. The said application was rejected.

It is also not in dispute that a suit was filed by one Bahadur Hussain against the original defe





























































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